THIS IS A VACATION RENTAL AGREEMENT UNDER THE NORTH CAROLINA VACATION RENTAL ACT. THE RIGHTS AND OBLIGATIONS OF THE PARTIES TO THIS AGREEMENT ARE DEFINED BY LAW AND INCLUDE UNIQUE PROVISIONS PERMITTING THE DISBURSEMENT OF RENT PRIOR TO TENANCY AND EXPEDITED EVICTION OF TENANTS. YOUR SIGNATURE
ON THIS AGREEMENT, OR PAYMENT OF MONEY TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THIS AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO USE THIS PROPERTY FOR A VACATION RENTAL.
- Agent, as agent of the owner, hereby rents and; tenant hereby rents from Agent, the vacation property described above (referred to hereafter as the “Premises”) on the terms contained in this Agreement.
- The Guest (s) acknowledges and understands that checkout time is no later than 10 AM and check in time is no earlier than 4PM unless approved by Yellow Rose Property Manangement. Tenant shall pay to Agent a non-refundable fee of $45 to cover the costs of processing the tenant’s reservation (included in the pricing).
- Security Deposits. Any security deposit may be applied to actual damages caused by Tenant as permitted under the Tenant Security Deposit Act. In addition, Agent may deduct from the security deposit the amount of any unpaid long distance or per call telephone charges and cable television charges that are specifically describe in the Agreement (including and addendum hereto) as being included with the Premises. Agent shall apply, account for, or refund Tenant’s security deposit within 45 days following the end of tenancy.
- Excess Damage/Cleaning Addendum. If actual damages caused by Tenant exceed the amount available in the Security Deposit for damages (Excess Damages), upon obtaining a estimate of damages &/or replacement cost of item, Agent may charge the credit card of Tenant for the amount of the Excess Damages. In the event of excessive cleaning required, Agent may charge additional cleaning fee to the credit card of Tenant, including pet hair.
- Trust Account. Any advance payment made by Tenant shall be deposited in a trust account with UNITED COMMUNITY BANK located at 145 Slope Street Bryson City NC. Tenant agrees that any advance payment may be deposited in an interest-bearing trust account and that any interest thereon shall accrue for the benefit of, and as often as is permitted by the terms of the account. Tenant agrees to pay a $25.00 processing fee for any check of Tenant that may be returned by the financial institution due to insufficient funds or because Tenant did not have an account at the financial institution.
- Tenant Duties. Tenant agrees to comply with all obligations imposed by the Vacation Rental Act on Tenant with respect to maintenance of the Premises, including but not limited to keeping the Premises, as clean and safe as the conditions in the common areas and remainder of the Premises that Tenant uses; and notifying Agent in writing of the need of replacement of or repairs to a smoke detector, and replacing batteries during the tenancy. Tenant agrees not to use the Premises for any duty contained in this paragraph shall be considered material, and shall result in the termination of Tenant’s tenancy.
- Agents Duties. Agent agrees to provide the Premises in a fit and habitable condition. Agent shall conduct all brokerage activities in regard to this Agreement without respect to the race, color religion, sex, national origin, handicap or familiar status of any Tenant.
- Cancellation. In the event of a cancellation by the Tenant, Tenant shall receive refund of all payment made by the Tenant, less an administration fee of $50.00 if the Premises are re-rented on the terms set forth herein. If the Premises are not re-rented on the terms set forth herein, Tenant will not be entitled to a refund of any rent payment made hereunder. Whether or not the Premises are re-rented, Tenant, rather than Agent, shall be responsible for seeking reimbursement of any fees paid by Tenant to Agent for goods, services, or benefits procured by Agent from third parties for the benefit of Tenant that may have been paid out prior to Tenant’s cancellation.
- Expedited Eviction. If the tenancy created here under is for 30 days of less, the expedited procedures set forth in the Vacation Rental Act will apply. Tenant may be evicted under such procedures if Tenant: (I) hold over in possession after Tenant’s tenancy has expired; (II) commits a material breach of any provision of this Agreement (including any addendum hereto) that according to its terms would result in the termination of Tenant’s tenancy; (III) fails to pay rent as required by this Agreement; or (IV) has obtained possession of the Premises by fraud or misrepresentation.
- Transfer Of Premises.
- If the owner voluntarily transfers the Premises, Tenant has the right to enforce this Agreement against the grantee of the Premises if Tenant’s occupancy under this Agreement is to end 180 days or less after grantee’s interest in the Premises is recorded. If Tenant’s occupancy is to end more than 180 days after such recordation, Tenant has no right to enforce the terms of this Agreement unless the grantee agrees in writing to honor this Agreement. If the grantee does not honor this Agreement, Tenant is entitled to a refund of all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed). Within 10 days after transfer of the Premises, the grantee or the grantee’s agent is required to (I) Notify Tenant in writing of the transfer of the Premises, the grantee’s name and address, and the date the grantee’s interest was recorded; and (II) advise Tenant weather Tenant has the right to occupy the Premises subject to the terms of this Agreement or receive a refund of any payments made by Tenant.
- Upon termination of the owner’s interest in the Premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the owner, owner’s agent, or real estate agent is required to transfer all advance rent paid Tenant (and other fees owed to third parties not already lawfully disbursed) to the owner’s successor-in-interest within 30 days and notify Tenant by mail of such transfer and of the transferee’s name and address.
However, if Tenant’s occupancy under this Agreement is to end more than 180 days after recordation of the interest of the Owner’s successor-in-interest in the Premises and the successor-in-interest had not agreed to honor this Agreement, all advance paid rent by Tenant (and other fees owed to third parties not already lawfully disbursed) must be transferred to Tenant within 30 days.
- If owner’s interest in the Premises is involuntarily transferred prior to Tenant’s
occupancy of the Premises, the owner is required to refund to Tenant all advance rent paid by Tenant (and other fees owed to third parties not already lawfully disbursed) within 60 days after the transfer.
- Mandatory Evacuation. If state or local authorities order a mandatory evacuation of an area that includes the Premises, Tenant shall comply either the order. Upon compliance, Tenant will be entitled to a refund of the prorated rent for each night that Tenant is unable to occupy the Premises, because of the order. However, Tenant will not be entitled to a refund if prior to taking possession of the Premises: (I) Tenant refused insurance offered by Agent that would have compensated Tenant for losses or damages resulting from loss of use of the Premises due to a mandatory evacuation order, or (II) Tenant purchased such insurance from Agent.
- Indemnification and Hold Harmless; Right of Entry; Assignment. Tenant agrees to indemnification and hold harmless Agent and the owner from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guest) as a result of any cause, unless caused by the negligent or willful act of Agent or the owner, or the failure of Agent or the owner to comply with the Vacation Rental Act. Tenant agrees that Agent, the owner or their respective representatives may enter the Premises during reasonable hours to inspect the Premises, to make such repairs, alterations shall not assign this Agreement or sublet the Premises, in whole or part without permission of Agent.
- Pets. Unless otherwise specifically permitted in this Agreement (Including and addendum hereto), no pets shall be allowed on the Premises. Tenant’s breach of this provision shall be considered material, and shall result in the termination of Tenant’s tenancy.
Yellow Rose Real Estate General Information Sheet
OFFICE HOURS: Mon-Fri 9:00am-5:00pm Saturday 10:00am-2:00pm Sunday-closed
PAYMENT: Payment in full is due 15 days prior to your check-in date. You may do so with the credit card on file or call the office for other arrangements. Once your balance is paid in full and you have agreed to the rental terms, you may receive directions directly to your rental cabin.
CHECK-IN TIME: Check-in time is anytime 4pm unless other arrangements are made.
LATE ARRIVAL: Once your have paid in full and returned your rental agreement, you will be emailed turn by turn directions to you cabin along with a lockbox code to access the property. This allows you to go directly to your cabin after 4pm on your arrival date. If you need a copy of these directions after 5pm, we will leave a late-arrival package for you in our office lockbox. Personal checks will not be accepted at check-in. We will be happy to leave a packet containing lockbox codes and directions to the rental for you, providing you have paid the rental balance in full.
CHECKOUT TIME: All tenants must be checked out by 10am. NO EXCEPTIONS! We must have time to get the unit ready for the next guests. Keys are to be left in lockbox (For lockbox-punch code, open, return key to lockbox housing & replace cover/ For programmable locks-enter code & turn deadbolt then wair the lock to engage). Keys must be placed in lockbox. Failure to do so will result in a $50 charge.
SECURITY DEPOSITS: Upon arrival a security deposit hold of up to $500.00 will be placed on the credit card on file. This hold is not a charge and will not show on your credit card statement. In the event of damage to home or property, theft or the need for excessive cleaning, this security deposit will be used. Charges could exceed the security deposit. Please note that hot tub covers are fragile and have a replacement cost of $450.00. Damages, etc. that occur during your stay will be charged to you. Your security deposit is not to be considered part of your rent. This is simply security for the unit to repair any damages, replace missing contents or to reimburse owner or agent for expenses resulting from agreement violations. The security deposit is not to be confused with the 30% deposit to confirm your reservation.
CANCELLATION: We will issue a full refund of your deposit, minus a $50 cancellation charge, for reservation cancelled 30 days prior to your arrival date. Deposits and fees for reservations cancelled less than 30 days prior to your arrival date are non-refundable, but may be applied to a future reservation within a year without penalty up to 14 days prior to arrival. Refunds are not provided for nights removed less than 30 days prior to guest arrival. Only the guest named on the rental agreement may cancel or make changes to a reservation. Also see Cancellation #7 on Rental Agreement.
MAINTENANCE: Yellow Rose performs regular maintenance on all cabins and makes every effort to keep all amenities in good working order. As in any home, appliances, hot tubs, A/C and heating units, satellite TV, fireplaces, etc. may malfunction on occasion and while we cannot offer refunds or discounts for such malfunctions, we will make every effort to correct any deficiencies as soon as possible during regular business hours. Please report all maintenance issues immediately to Yellow Rose.
HOT TUBS: Hot tubs are cleaned and chemically sanitized by a certified spa operator prior to each guest arrival. Please leave the bromine floater in the hot tub at all times. There are health risks associated with the use of hot tubs—use with discretion and at your sole responsibility. Do Not Stand On the Hot Tub Covers, they will break and you will be charged a $450 replacement fee for the damage. Please, when not using the hot tub, leave the cover on so the hot tub will stay warm and debris will stay out. Please shower before using the hot tub as some body lotions, etc. mixed with the hot tub chemicals can cause a rash on your skin. Yellow Rose Realty assumes no responsibility for any occurrence associated with hot tub usage.
WEATHER: During winter months, four-wheel drive or chain-equipped vehicles should be considered. We will try to contact you before your check-in if inclimate weather is predicted to either change the rental to a lower elevation with easy access or change your dates. While we will assist you in any way we can, we do not offer discounts or refunds if you are unable to arrive to your unit because of weather conditions but you may reschedule your dates. We will make every effort to accommodate you due to weather.
PESTS AND ENVIRONMENT: To ensure the best guest experience, we perform regular pest control maintenance on all of our cabins. Because our cabins are located in wooded and mountain areas we cannot guarantee that they will be pest free. We do not offer refunds or discounts for pests including ladybugs. Unfortunately, ladybugs are a part of our environment and we are unable to prevent them from occasionally visiting our cabins.
While visiting the Mountains, be prepared, some roads are steep and graveled. Road conditions may vary as seasons change. Always use caution. While making your reservation, be sure to inquire about the roads and be prepared for road conditions. While we will assist you in any way we can, failure to arrive at your unit does not constitute a refund or discount. Please contact Yellow Rose if the need arises and we will do our best to help you.
REFUND POLICY: We will do everything we can to make sure your cabin is ready for you. Any damages or problems not reported by the tenant upon arrival will be charged to the tenant. As in any home, malfunctions occasionally happen and no refunds will be issued for early departure due to malfunctions in equipment (i.e. hot tubs, Jacuzzi tubs, televisions, satellites, stereos, VCR/DVD, etc.), pests or any weather conditions.
PETS: Most units do not allow pets unless specifically noted. There will be an extra NON-REFUNDABLE FEE of $50 per pet. Additional cleaning charges maybe applied for excessive hair and/or any damage caused by pets. Pets are not allowed on furniture or to be left unattended in the cabins. Any unauthorized pets in a cabin are subject to a $300.00 cleaning fee and eviction without refunds unless prior arrangements are made with the agency.
FIREPLACES: Firewood can be purchased through Yellow Rose for $55 per 4×4 stack. It will be delivered to your unit. You may also purchase bundles of wood at local stores. Fireplaces are inoperable from June 1st to September 15th. During this time and in between guests, the damper is closed to ensure no outside critters get inside. Before using the fireplace, make sure damper is open.
PHONE: NO LONG DISTANCE CALLS. Make sure you bring your calling card.
MESSAGES: Messages may be received through and picked up at our office. We do not deliver messages, except in case of extreme emergency.
TENANT RESPONSIBILITIES: Each unit is supplied with dishes, cookware, eating utensils, bed & bath linens and at least three complete sets of towels per person occupancy. The guest is responsible for all paper products, toilet paper, paper towels, trash bags, coffee filters, aluminum and plastic wraps and also soap products, bath soaps, dish soaps, laundry soap. We do provide a starter set of toilet paper, soap, laundry & dish soap. The guest is required to wash, dry and put away all dishes, including dishes from the dishwasher, remove all items from the refrigerator and dispose of all trash. If you require special amenities such as a particular bed size, air conditioning, etc., it is your responsibility to request these when your reservation is made. We cannot change a particular house to suit your needs, however if you call in advance we can possibly change you to another unit. Guests are responsible for checking their arrival and departure date and amenities, prior to arrival. Changing units upon arrival will cause forfeiture of prepaid rent and/or may result in additional expenses. Please treat the unit as if it is your own, but do not re-arrange the furnishings, pictures or beds; to do so is considered damage and will result in a charge to your security deposit. Please leave unit as you found it. Yellow Rose will not be responsible for items left in a home by guests. If Yellow Rose is asked by a guest to find and return any item(s) left in a rental, those items will be returned by mail, COD, with a service charge of $15.00 added to the total.
TRASH: Failure to remove trash from your unit on departure will result in a $15 charge per bag that is left. This does include items left in refrigerator and cabinets. This will be taken from your security deposit.
DISHES: Failure to do dirty dishes in your unit will result in a $15 charge per sink load. This will be taken out of your security deposit. Please empty the dishwasher.
Yellow Rose Property Management is a rental agency, which rents for owners. The agency is not responsible or reliable to renter for loss or theft of any of the renter’s personal property, accidents, injury or damage of any nature from any cause to renter (including guest or invitees) or acts of God, weather or road.
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